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1 Sergio Padilla

2 Guillermina Gutierrez Casillas


9205 Burnet Avenue #119
3 North Hill, CA 91343
4 Defendant In Pro Per
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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8 FOR THE COUNTY OF LOS ANGELES

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11 GEORGE WENDT DBA GW ) Case No. 18EVUD03589
PROPERTIES, )
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13 Plaintiff, ) ANSWER TO PLAINTIFF’S
) UNLAWFUL DETAINER COMPLAINT
14 ) [JURY TRIAL DEMAND]
)
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vs. )
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SERGIO PADILLA, El al and DOES 1 to )
17 10, )
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Defendants, )
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ANSWER
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I. GENERAL DENIAL
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Pursuant to Section 431.30 of the Code of Civil Procedure SERGIO PADILLA and
25 GUILLERMINA GUTIERREZ CASILLAS, denies generally and specifically each
26 allegation in the Complaint and that Plaintiff has been damaged in the sum alleged, in any
sum, or at all, or is entitled to any of the relief requested therein, including without
27 limitation, possession, general, equitable, and other damages.
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ANSWER TO COMPLAINT WITH JURY TRIAL DEMAND
II. JURY DEMAND
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The above-captioned defendant demands a jury trial in the above-captioned action.
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III. SEPARATE AFFIRMATIVE DEFENSES BREACH OF THE IMPLIED OR
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EXPRESSED WARRANTY OF HABITABILITY
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The amount of rent demanded by the plaintiff is not in fact due because the Plaintiff
6 breached the implied warranty of habitability. The dwelling at issue and/or common areas
of the building where defendant(s) resides suffers from defects that render it un-tenantable
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and those defects include, but are not limited to, the following:
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☒ Ineffective waterproofing and weather protection of roof, exterior walls, unbroken
9 windows, OT doors (i.e., leaks, broken windows, etc.).
10 ☒ Plumbing is not in good working order, including a water supply. That produces
hot and cold running water.
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☒ Lack of properly functioning heating unit and air conditioning unit
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☐ Defective electrical wiring or exposed wiring.
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☐ Rodents and/or other vermin (such as termites, bedbugs, bees, roaches, or
14 spiders).
15 ☒ Floors, stairways, or railings are in disrepair.
16 ☐ An entry door does not have a functioning lock.
17 ☐ No Smoke detectors or faulty smoke detectors
18 ☒ A window accessible from the street-level (approx. 10 feet from the ground) does
19 not have a function lock.

20 ☒ Holes in the walls or ceilings.

21 ☒ The building and/or grounds under the control of the landlord are not kept in.
every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, and
22 garbage.
23 ☐ There is not an adequate number of receptacles for garbage and/or the garbage is
24 not kept in a clean and sanitary condition.

25 ☒ A Substandard Order, Notice and Order to comply, or Housing Inspection


violation was issued by a governmental agency demonstrating additional defects or
26 confirming the defects identified in this answer.
27 ☒ The property is substandard as defined by Section 17920.3 of the Health and
28 Safety Code:

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ANSWER TO COMPLAINT WITH JURY TRIAL DEMAND
☒ Other: None or non-functioning Carbon Monoxide detectors on the property.
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ESTOPPEL, WAIVER, OR BAD FAITH
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The plaintiff is estopped from pursuing this eviction or has waived the right to prosecute an
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unlawful detainer because:
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☐ Plaintiff refused to accept the tender of rent payment - either prior to service of
8 the notice to quit or during the notice period.
9 ☐ Plaintiff accepted payment after the service of notice.
10 ☒ In bad faith the Plaintiff prevented the payment of rent payment - either prior to
service of the notice to quit or during the notice period.
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☐ Defendant is permitted to tender late rent payments if paying a late charge or
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within a grace period, so Defendant was not in default of the payment of rent.
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☐ The deposit may be used to off-set any rent default; tenant has a deposit, so the
14 rent is not delinquent. .
15 ☐ Plaintiff and defendant(s) made other payment arrangements after service of the
notice to quit (i.e., revised the notice to quit) - upon which defendant(s) detrimentally relied
16 - so payment in the instant case was not delinquent.
17 ☐The alleged breach (es) of the rental agreement is trivial.
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19 NO BREACH OF COVENNANT
20 ☒ Plaintiff did not serve a proper notice to enter under Section 1954 of the Civil
21 Code (e.g., .the notice did not state the approximate time or the notice did not reflect the
landlord's actual intent to enter) and, therefore, the defendant was under no obligation to
22 permit the plaintiff to enter.
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26 DEFECTIVE NOTICE
27 The notice is defective and/or inapplicable because:
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ANSWER TO COMPLAINT WITH JURY TRIAL DEMAND
☐ The amount stated in the notice is more than the "amount due," i.e., the notice is
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overstated.
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☐ The amount stated in the notice is more than the "amount due" because the deposit
3 may be used to off-set any rent default.
4 ☐ Plaintiff did not serve the notice either (1) in person or (2) by both posting the notice
on the door and mailing said notice.
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☐ Plaintiff failed to serve the notice at all.
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☐ The notice was superseded by a later-served notice.
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☐ The amount requested in the notice included amounts other than rent such as a late fee
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or rental surcharge.
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☐ Plaintiff s failure to repair the .plumbing has resulted in very high water bills which
10 Defendant has incurred and paid.
11 ☐ The notice attached to the complaint does not comply with the requirements of code
of civil procedure Section 1161.
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MISCELLANEOUS
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☒ The reasonable rental value for the property demanded by the Plaintiff is overstated.
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☐ Plaintiff filed the Complaint before the expiration of the notice (i.e., if the last day of
17 the notice period falls on a Saturday, Sunday or holiday, the notice period actually expires
18 on the next non-holiday weekday).

19 ☒ Plaintiff served a notice to quit and/or filed the present unlawful detainer to retaliate
against defendant(s) for invoking his/-her right to complain to a governmental agency, to
20 the plaintiff, or to plaintiff s agent concerning an issue of habitability or a nuisance being
21 perpetrated on the premises.

22 ☒ Plaintiff served a notice to quit and/or filed the present unlawful detainer to retaliate
against defendant(s) for the peaceful and lawful exercise of other rights.
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☐ Plaintiff is neither the owner of the premises at issue nor the management company
24 authorized to act on plaintiffs behalf by filing a lawsuit.
25 ☐ Notice is overstated because Defendant has been paying excessive water bills and
26 payment was never credited to the rent.

27 ☒ Plaintiff brought this unlawful detainer action in Bad Faith.

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ANSWER TO COMPLAINT WITH JURY TRIAL DEMAND
IV.RELIEF REQUEST
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WHEREFORE, defendant (s) prays as follows:
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1. That the Complaint be dismissed with prejudice and/or judgment entered in favor of
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defendant(s);
5 2. For the costs of suit incurred herein, including reasonable attorneys’ fees to the extent
permissible by law (e.g., section 1174.21 and/or 1942 of the Code of Civil Procedure),
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contract, or otherwise determined by the Court;
7 3. For Statutory damages as permitted by law; and
4. For such other and further relief as the court deems just and proper, including(if
8 applicable) and order to repair this relevant dwelling and adjust the monthly rent
9 accordingly.

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11 DATED: _______________

12 By: ___________________________________
Sergio Padilla, Defendant.
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14 By: ___________________________________
15 Guillermina Gutierrez Casillas, Defendant

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VERIFICATION
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We are the defendants in this action, and I have either read this Answer or had it read to me. I
27 declare under penalty of perjury pursuant to the laws of the State of California that, based
upon information and belief, the foregoing is true and correct.
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ANSWER TO COMPLAINT WITH JURY TRIAL DEMAND
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DATED: _______________
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By: ___________________________________
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Sergio Padilla, Defendant.
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6 By: ___________________________________
7 Guillermina Gutierrez Casillas, Defendant

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Sergio Padilla
25 Guillermina Gutierrez Casillas
9205 Burnet Avenue # 119
26 North Hills, CA 91343
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28 Defendant In Pro Per
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ANSWER TO COMPLAINT WITH JURY TRIAL DEMAND
1
2 SUPERIOR COURT OF THE STATE OF CALIFORNIA

3 FOR THE COUNTY OF LOS ANGELES


4
5
GEORGE WENDT DBA GW )
6 PROPERTIES, ) Case No. 18VEUD03589
7 )
Plaintiff, )
8 ) JURY TRIAL DEMAND
)
9 )
10 v. )
)
11 SERGIO PADILLA El al and DOES 1 to )
10, )
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)
13 Defendants, )
)
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JURY DEMAND
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TO THE COURT, THE PARTIES, AND THEIR COUNSEL OF RECORD:
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19 PLEASE TAKE NOTICE THAT Defendant GUILLERMINA GUTIERREZ CASILLAS,
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demands a jury trial in the above captioned action.
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22 DATED: _______________

23 By: ___________________________________
Guillermina Gutierrez Casillas, Defendant
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PROOF OF SERVICE
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I am over the age of 18 and not a party to this action.
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I am a resident of or employed in the county where the mailing occurred; my
28 business/residence address is: 619 South Olive Street, Suite 400, Los Angeles CA 90014
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ANSWER TO COMPLAINT WITH JURY TRIAL DEMAND
On _ __ I served the foregoing document(s) described as:
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ANSWER TO PLAINTIFF’S COMPLAINT to the following parties:
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3 NAME AND ADDRESS OF ATTORNEY OR PLAINTIFF WITHOUT AN ATTORNEY
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DENNIS P BLOCK
5 5437 LAUREL CANYON BLVD.,
2nd FLOOR
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VALLEY VILLAGE, CA 91607
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[ X ] (By U.S. Mail) I deposited such envelope in the mail at Los Angeles, California with
8 postage thereon fully prepaid. I am aware that on motion of the party served, service is
presumed in valid in postal cancellation date or postage meter date is more than one day after
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date of deposit for mailing in affidavit.
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11 [ ] (By Personal Service) I caused such envelope to be delivered by hand via messenger
service to the address above;
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[ ] (By Facsimile) I served a true and correct copy by facsimile during regular business hours
14 to the number(s) listed above. Said transmission was reported complete and without error.
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16 I declare under penalty of perjury under the laws of the State of California that the foregoing
17 is true and correct.
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DATED: __ _____
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___________________________
23 Marisol Contreras
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ANSWER TO COMPLAINT WITH JURY TRIAL DEMAND